§ 139.04   ETHNIC INTIMIDATION.
   (A)   No person shall violate Ohio R.C. § 2903.21, 2903.22, 2909.06, or 2909.07, or Ohio R.C. § 2917.21(A)(3), (A)(4), or (A)(5), by reason of the race, color, religion, or national origin of another person or group of persons.
   (B)   Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a necessary element of ethnic intimidation. In the case of an offense that is a misdemeanor of the first degree, ethnic intimidation is a felony to be prosecuted under appropriate state law.
(ORC § 2927.12) (1995 Code, § 139.07)